• Specific Year
    Any

UNIFORM CIVIL PROCEDURE RULES 2005 - REG 12.10 Stay of further proceedings to secure costs of proceedings dismissed

UNIFORM CIVIL PROCEDURE RULES 2005 - REG 12.10

Stay of further proceedings to secure costs of proceedings dismissed

12.10 Stay of further proceedings to secure costs of proceedings dismissed

(cf SCR Part 40, rule 8(2); DCR Part 18, rule 8; LCR Part 17, rule 9)

If--

(a) as a consequence of the dismissal of proceedings, a party is liable to pay the costs of another party in relation to those proceedings, and
(b) before payment of the costs, the party commences further proceedings against that other party on the same or substantially the same cause of action, or for the same or substantially the same relief, as that on or for which the former proceedings were commenced,
the court may stay the further proceedings until those costs are paid and make such consequential orders as it thinks fit.
Note : See also section 67 of the Civil Procedure Act 2005 as to the terms on which a stay may be granted, and rule 42.20 as to costs payable in relation to proceedings that are dismissed.